TRAI To Prioritise Satcom Spectrum Framework Over OTT Regulation Discussion

Despite the push of the telecom companies to bring messaging apps such as WhatsApp and Telegram under Telecommunication Act, 2023, the Telecom Regulatory Authority of India (TRAI) seems to have put the plan on the backburner. 

As per news agency PTI, TRAI chairman Anil Kumar Lahoti said that the regulator will discuss the policy to bring such apps under the regulatory ambit separately. He added that TRAI rather plans to prioritise pricing for satellite communication (satcom) spectrum.

He said that TRAI will release a consultation paper on pricing for satcom spectrum in the next few days. 

“OTT was not part of this paper (Service Authorisation Framework under Telecommunications Act 2023). It is being discussed separately. Right now, we have to take up spectrum pricing on a priority basis,” Lahoti was quoted as saying by the publication.

However, he added that TRAI will explore if there is any need for the regulation of OTT apps under the Telecommunications Act 2023. 

This comes a few days after TRAI released recommendations on the ‘Framework for Service Authorisations to be Granted Under the Telecommunications Act, 2023’. The proposed rules skipped the mention of OTT communication apps and recommended a unified authorisation regime for offering all kinds of telecom services. 

It proposed three broad categories of telecommunication service authorisations – main service, auxiliary, and captive. This exemption came in accordance with the demand of digital advocacy groups to keep OTT apps outside the ambit of Act. 

It is pertinent to note that telecom operators and OTT apps have been at odds with each other as the former have been pitching for bringing such apps under a licensing regime. 

The recommendations followed TRAI issuing a consultation paper in July, eliciting comments and counter comments for the proposed framework. 

Following this, around 48 stakeholders submitted their comments while 17 entities furnished counter comments. The regulator also conducted an open house discussion and virtually sought inputs on the paper. 

The paper sought feedback on the identification of a regulatory mechanism to cover OTT communication apps. It also sought to examine issues related to selective banning of apps such as Meta-owned WhatsApp, Telegram and Google Meet, as well as lawful interception of messages by authorities.

The paper also sought responses to questions about whether there is a need for a collaborative framework between OTT apps and licensed telcos and the potential challenges that may arise out of such a framework and its impact on net neutrality.

In their responses, telecom operators overwhelmingly called for bringing OTT apps under regulatory framework, with the Cellular Operators Association of India (COAI) saying that such platforms should pay a network usage charge to the telecom operators. 

Opposing this demand, the Internet & Mobile Association of India (IAMAI) called the revenue-sharing plan a ‘death knell’ for the country’s digital economy. Other digital activists also warned authorities against any such move, saying that it would harm India’s digital economy.

Note: The copy has been edited to correct the name of TRAI chairman.